header-logo header-logo

26 June 2008
Issue: 7327 / Categories: Case law , Public , Law digest
printer mail-detail

DOMICILE

Henwood v Barlow Clowes International Ltd (in liquidation) and others [2008] EWCA Civ 577, [2008] All ER (D) 330 (May)

(i) A person is, in general, domiciled in the country in which he is considered by English law to have his permanent home. A person may sometimes be domiciled in a country although he does not have his permanent home in it. (ii) No person can be without a domicile.
(iii) No person can at the same time for the same purpose have more than one domicile.
(iv) An existing domicile is presumed to continue until it is proved that a new domicile has been acquired.
(v) Every person receives at birth a domicile of origin.
(vi) Every person can acquire a domicile of choice by the combination of residence and an intention of permanent or indefinite residence (the intention of residence must be fixed and must be for the indefinite future). (vii) Any circumstance that is evidence of a person’s residence, or of his intention to reside permanently or indefinitely in a country, must be considered in determining whether he has acquired a domicile of choice. (viii) In determining whether a person intends to reside permanently or indefinitely, the court may have regard to the motive for which residence was taken up. (ix) A person abandons a domicile of choice by ceasing to reside there and by ceasing to intend to reside there permanently, or indefinitely. (x) When a domicile of choice is abandoned, a new domicile of choice may be acquired, but, if it is not acquired, the domicile of origin revives (Lady Justice Arden at 8).
 

Issue: 7327 / Categories: Case law , Public , Law digest
printer mail-details

MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

back-to-top-scroll